Commander’s Guide to Demotion Actions

Prepared by 440 AW/SJA

8 August 2010

Introduction

Administrative demotion is a tool available to commanders but many do not seem to know about. Many encounter it for the first time when they’re told that the discharge instruction requires the commander to explain why he/she did not demote the airman prior to initiating administrative discharge action, and they realize their explanation is “because I didn’t think about doing it.”

This fact sheet provides general information regarding the procedures for demotion. Prior to initiating such an action, the unit must coordinate with MSS and SJA, to ensure the proper procedures are followed. Note that demotion is not a substitute for military justice actions under the UCMJ when such action is available and appropriate.

Regulatory Authority

Through a coordination error, the relevant AFI (36-2503) was rescinded in December 2009 and the replacement AFI (36-2502) only covered active duty members. This deficiency is being cured and the AFI will be republished with a chapter covering reserve demotions.

In the meantime, demotion authority still exists by order of the Secretary of the Air Force via AFPD 36-25 (Military Promotion and Demotion) which says “Air Reserve Components…will take steps, when appropriate, to demote airmen to a grade commensurate with their demonstrated abilities and skills.” That directive should be cited for the authority for demotion. We will continue to use the procedures in the rescinded AFI to actually process the demotion. A copy of that AFI is available through MSS or SJA.

Demotion Authority

The immediate commander’s commander is the demotion authority for Airmen through MSgt and below. Demotion authority for SMSgts and CMSgts is the AFRC/CV.

Scope of Demotion

The new and old AFI provide the following guidance on how many stripes can be taken during a demotion action:

  • A Senior Airman or above can be demoted no lower than Airman First Class
  • An Airman First Class should be demoted no lower than Airman
  • An Airman can be demoted to Airman Basic
  • A commander should “demote by three or more grades only when no reasonable hope exists that the Airman will ever show the proficiency, leadership, or fitness that earned the initial promotion.”

Although those guidelines do not technically apply to us yet, they are helpful guidance on what type of action is likely to be appropriate when the reserve supplement is published.

Reasons for Involuntary Demotion

The AFI lists several reasons to involuntarily demote:

1. Not participating in reserve training: “Demote reservists holding a grade higher than Airman before reassigning or separating them.”

2. Failure to fulfill NCO responsibilities (as defined in AFI 36-2618 (Enlisted Force Structure)). The commander must consider and cite the relevant provision of this AFI that the member has ‘violated.” For example, to demote based on drug use in the member’s civilian capacity, cite to paragraphs 4.1.4.3 and 4.1.4.3.1 as the basis for failure of his NCO responsibilities.

3. Failure to keep fit (demote for failure to maintain body fat standards even after entering weight management program or for “failing to keep or show willingness to reach physical fitness standards”)

4. Failure to maintain or achieve skill levels (demote airman if they “don’t achieve or maintain a current skill level appropriate to their grade,” “intentionally failed to qualify in the specialty for which they were trained or are being trained,” etc).

Procedures for Demotion

The procedures are included in paragraphs 18-24 of the AFI. That AFI, although not currently applicable to reservists, contains procedural guidance we can follow.

Prior to making a decision, the commander must consider all EPRs and other positive information from the member’s record. (See AFI 36-2503, paragraph 1.3.)

When appropriate, the commander must give airmen an opportunity to overcome their deficiencies before initiating a demotion action, and should maintain supporting documentation of all rehabilitation and probationary actions. (See AFI 36-2503, paragraph 1.4.)

The procedures require the commander to consult with the SJA and then inform the airman by certified mail, return receipt requested, of the reasons for the proposed demotion, and providing him/her information on the airman’s rights in this process. If the airman fails to respond, the demotion can proceed. A template letter is attached to this fact sheet.

SUGGESTED TEMPLATE FOR DEMOTION MEMORANDUM

MEMORANDUM FOR ______(RANK, NAME)

FROM: ______(functional address symbol)

SUBJECT: Notification Memorandum for Demotion Action

I intend to demote you from ______[fill in current rank] to ______[fill in intended lower rank], pursuant to the authority found in Air Force Policy Directive 36-25, Military Promotion and Demotion. [When demoting for Failure to Fulfill NCO Responsibilities, the commander must consider and cite to the provision of AFI 36-2618that the member has “violated.”]

My reasons for this action are ______[fill in specific reasons for the demotion and a summary of the facts].

You have the right to seek legal counsel before deciding whether to concur with my proposed action. Military counsel is available to you free of charge by contacting the Scott Air Force Base Area Defense Counsel (ADC) at (618) 256-3246, or you can seek the assistance of civilian counsel at your own expense. The ADC can assist you with responding to this notification, including the presentation of oral or written statements.

You must agree or disagree with this action within three calendar days of receiving this notification. Indicate whether you consent to this action by completing the attached acknowledgement and returning it to me within three calendar days. If you do not respond to this notification within three calendar days of receipt, the demotion action will be processed as if you concur with the action.

If you elect not to concur with this action, you may submit written statements to me for my consideration before I proceed with this action. Within three calendar days of receiving this notification, you must advise me that you intend to submit statements on your behalf. Those statements must be submitted to me within 30 calendar days of the day you receive this notification. If you do not submit those statements within that time and have not received a written extension from me, the demotion action will proceed.

You may also request a personal appearance before me (you must pay your travel and other expenses).

If the airman is retirement eligible, include the following paragraph:

If you have completed at least 20 years of active duty service by the 1st day of the

4th month after the date of this notification, you have the right to apply for retirement in lieu of demotion. To do so, you must indicate that you understand this right no later than three working days after you acknowledge this notification memorandum and indicate if you are applying for retirementin lieu of demotion. You must submit the retirement application within three working days, or the demotion will take effect as of the date thatthe demotion is approved. To apply for retirement, contact the Military Personnel Fight.

Your acknowledgement of this notification memorandum can be faxed to me at (618) ______, or mailed to ______. It is your responsibility to ensure your response reaches me within the time frames specified in this memorandum.

______

Commander

MEMORANDUM FOR ______(COMMANDER)

SUBJECT: Acknowledgment of Receipt of Notification Memorandum

I received your memorandum notifying me of proposed demotion action pursuant to Air Force Policy Directive 36-25.

I (concur)(do not concur) with the proposed demotion

I (will or have)(will not orhave not) (submit or submitted) written materials on my behalf. I am aware that these statements must be submitted to you within 30 calendar days of the day I received this notification. If they are not submitted within that time and I have not received a written extension from me, I am aware that the demotion action will proceed.

I (request)(waive) a personalhearing before you.

I (have)(have not) consulted with counsel.

______

(typed name, rank), USAF

1